ARSHAD (Migration)

This matter concerned an application for review of a decision not to grant the applicant a Subclass 500 (Student) visa. The applicant had enrolled in a Diploma of Leadership and Management, but this enrolment was subsequently cancelled due to non-commencement of studies. The Administrative Appeals Tribunal (the Tribunal) was required to determine whether the applicant met the criteria for the grant of the visa.

The central legal issue before the Tribunal was whether the applicant was enrolled in a "registered course" as defined by the Migration Regulations 1994 at the time of the decision. Clause 500.211 of Schedule 2 to the Regulations requires an applicant to be enrolled in a course of study at the time of the decision, with "course of study" defined as a "full-time registered course." A "registered course" is one provided by an institution registered under the Education Services for Overseas Students Act 2000 to provide such courses to overseas students.

The Tribunal found that while the applicant was enrolled at the time of the hearing, subsequent checks of the Provider Registration and International Student Management System (PRISMS) revealed that his enrolment had been cancelled due to non-commencement. The Tribunal invited the applicant to respond to this adverse information, but he did not do so. Applying the regulations, the Tribunal concluded that the applicant was not enrolled in a registered course of study at the time of the decision, and therefore did not meet the primary criteria for the visa. Accordingly, the Tribunal affirmed the decision not to grant the visa.